In an effort to combat alleged fraud, the USCIS has made significant new requirements for petitioning religious organizations and R-1 Visa beneficiaries. The primary changes are a requirement to file an R-1 petition with USCIS, the petitioning organization must allow USCIS to inspect the site where the prospective R-1 holder will work, the initial validity period will be decreased from 36 months to 30 months and the type of positions that can be sponsored have been limited.
A. Petitioning and Attestation Requirements
A nonimmigrant alien seeking R-1 status cannot self-petition, but must have an employer submit a petition (Form I-129) on his or her behalf. In the petition, the prospective employer must attest to a number of factors; including, but not limited to: (i) That the prospective employer is a bona fide non-profit religious organization or a religious organization which is affiliated with the religious denomination and is exempt from taxation; (ii) the number of members of the prospective employer’s organization, the number of aliens holding religious worker status (both special immigrant and nonimmigrant) and the number of petitions filed by the employer for such status within the preceding five years; (iii) the complete package of salaried or non-salaried compensation being offered and a detailed description of the alien’s proposed daily duties; and (iv) that an alien seeking special immigrant religious worker status will be employed at least 35 hours per week and an alien seeking nonimmigrant religious worker status will be employed for at least 20 hours per week.
B. IRS Determination Letter
The petitioning employer must file a determination letter from the Internal Revenue Service (IRS) of the tax-exempt status of the petitioning religious organization under Internal Revenue Code (IRC) 501(c)(3), 26 U.S.C. 501(c)(3).
C. USCIS On-Site Inspections
USCIS may verify supporting evidence provided by a petitioner through any appropriate means, including an on-site inspection of the petitioning organization which may include a tour of the organization’s facilities, an interview with organization officials, review of selected organization records relating to the organization’s compliance with immigration laws and regulations, and interviews with any other individuals or review of any other records that USCIS considers pertinent to the integrity of the organization.
D. Period of Initial Admission and Extension of Status for R-1 Workers
Religious workers may obtain an initial period of admission of up to 30 months and then may obtain one extension of religious worker status for up to 30 months, for a total of no more than 60 months.
E. Compensation Requirements
With limited exceptions, the beneficiary of an initial petition for R-1 nonimmigrant status must be compensated either by salaried or non- salaried compensation, and the petitioner must provide verifiable evidence of such compensation. If there is to be no compensation, the petitioner must provide verifiable evidence that such non-compensated religious workers will be participating in an established, traditionally non-compensated, missionary program within the denomination, which is part of a broader international program of missionary work sponsored by the denomination. The petitioner must also provide verifiable evidence of how the aliens will be supported while participating in that program. Petitioners must submit verifiable evidence of past compensation or support for nonimmigrants with any extension of status request for such nonimmigrants. Special immigrant petitioners must submit verifiable evidence of: (1) How the petitioner intends to compensate the alien and (2) past compensation or support to demonstrate the required previous two years of religious work.
F. Definition of “Religious Occupation”
Religious organizations must submit evidence identifying religious occupations that are specific to that denomination. Additionally, the petitioning organization must submit evidence demonstrating that an alien’s proposed duties meet the religious occupation’s requirements.
The federal register entry can be found here and the USCIS announcement can be found here. On December 4, 2008, USCIS published a new I-129 Form which includes the new R-1 attestation.